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(영문) 창원지방법원 밀양지원 2016.06.09 2016고단58
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On February 7, 2012, the Defendant: (a) at the Victim B’s House located in Daegu-gu Dong-gu, Daegu-gu, that “I wish to repay the money to the Defendant up to February 17, 2013, on a three-thirds (3) interest per month that I wish to lend the money to the Defendant’s mother’s home in excess of the auction.

The phrase “ makes a false statement.”

However, the defendant's mother's house was not in excess of auction, and the defendant's mother's two places in the clothing store was in excess of 40 million won with a debt to pay for maths loan and personal debt while operating 2 places in the clothing store. Since the above store was in the state of self-management, there was no intention or ability to pay the debt even if it was borrowed money from the injured party.

The defendant deceivings the victim as above and acquired 19 million won from the victim to the Daegu Bank Account in the name of the defendant on the same day under the name of the victim.

B. On June 29, 2012, the Defendant loaned money to the victim for urgent need to operate the clothing store at the place specified in the foregoing paragraph (a) at the place where the above paragraph (a) was entered, the Defendant would offer an offer of three million won each on July 4, 2012 and July 13, 2012.

A false statement was made.

However, in fact, while operating two places in the clothing store at the time, there was a debt to pay for 40 million won such as maths loan and personal debt, and the above store was in the state of self-management, so there was no intention or ability to pay the debt even if it was borrowed from the injured party.

The defendant deceivings the victim as above and acquired 6 million won from the victim to the account in the name of the mother-friendly D of the employee of the clothing store on the same day.

2. On September 8, 2012, the Defendant against the victim E is expected to repay money to the victim by the end of November, 201 if he/she lends money to the victim in G operated by the injured party in Daegu Suwon-gu F, which is necessary to create a department store store and clothing store.

A false statement was made.

However, the fact is that the personal debt at the time is approximately KRW 50 million and the amount is borrowed from the injured party.

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